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Article 2: Administration
Section 2.5. Application-Specific Review Procedures
2.5.3. Rezoning
Morrisville, NC
June 23, 2017
Unified Development Ordinance
Page 2-29
and maps. Unless accompanied by an application for Conceptual Master Plan Approval
(Section
2.5.4), a Conditional Rezoning application shall include a sketch plan.
c.
A Planned Development Rezoning application may be submitted only by the owner(s) of the
property or properties proposed to be rezoned or a person duly authorized to submit the
application on behalf of the owner(s). The application shall include a PD Plan/Agreement that
depicts the general configuration and relationship of the principal elements of the proposed
development (uses, intensity, circulation, open space, public facilities), outlines how the
development will be phased and served by public facilities, and provides for unified
management. (See Section
3.7.1.E.1, PD Plan/Agreement.)
d.
The applicant for a General Rezoning application may only change the application into a
Conditional Rezoning application by withdrawing the General Rezoning application before
provision of or final arrangement for required notice of the public hearing meeting and
submitting an application for Conditional Rezoning. The Conditional Rezoning application is
subject to additional application fees to defray the additional processing costs.
Staff Review and Recommendation
The Planning Director shall review the application, allow revisions of the application, and prepare
a staff report and recommendation in accordance with Sectio
n 2.4.4.Scheduling and Public Notice of Meetings
The application shall be scheduled, and required public notices provided, for Planning and Zoning
Board and Town Council meetings in accordance with Section
2.4.5.Planning and Zoning Board Review and Recommendation
The Planning and Zoning Board shall review the application, hold a public comment session, and
make a recommendation in accordance with Section
2.4.6,except that the recommendation shall
address whether the proposed rezoning is consistent with the Comprehensive Plan, and the board
shall take action on the application for a General Rezoning within 60 days after the meeting at
which it first reviews the application—provided, however, that the board may vote to extend this
time period to up to 90 days for good cause.
Town Council Review and Decision
The Town Council shall review the application, hold a standard public hearing, and decide the
application in accordance with Section
2.4.7,subject to the following provisions.
a.
A decision on a General Rezoning application shall be one of the following:
(1)
Approve the application as submitted;
(2)
Approve a rezoning to a more restrictive district, with the applicant’s consent;
(3)
Deny the application; or
(4)
Remand the application back to the Planning Director or Planning and Zoning Board for
further consideration. (This may require further public notice and additional review fees.)
b.
A decision on a Conditional Rezoning application shall be one of the following:
(1)
Approve the application as submitted (including any conditions proposed as part of a
Conditional Rezoning application);
(2)
Approve the application subject to modified or additional conditions, with the applicant’s
consent;
(3)
Deny the application; or